substitution of the relief of specific performance. Thus,
a plaintiff in a suit for specific performance of an agreement
of sale can, under Section ... addition to specific
performance where the plaintiff has not abandoned his
relief of specific performance, the Court will allow the
amendment at any stage
Section 53A of Act and now
by proposed amendment, the amendment sought is for
specific performance of agreement of sale of the year ... suit for declaration and
injunction to one of specific performance, when claim for
specific performance had become barred by limitation, is
impermissible. Paragraphs
date of filing of the application for amendment the suit
for specific performance of the contract was barred by limitation in
a
view ... sought to be converted
H
into a suit for specific performance by way of amendment in the plaint
in 1993 when the claim for specific
cause of
action for specific performance of one agreement to sell cannot be cause of
action for specific performance of another Agreement to Sell ... year 1993 was
seeking specific performance of an Agreement to Sell entirely different from
the Agreement to Sell for specific performance of which the suit
plaint by including therein the relief of specific
performance of a contract. That amendment having been allowed by the trial
Court, eventually the matter came ... relief of Specific Performance in the
suit which it filed when it had cause of action to sue for
Specific Performance as relinquishment of that
seeking a relief of specific
performance. The learned counsel points out that the
agreement entered into on 25.03.1989 and specific
performance is sought ... amendment application is filed more than two
decades later. The cause of action for the application for
amendment and for specific performance did not arise
convert it
into a suit for possession by way of a specific performance. Amendment
prayed for was allowed vide order dated 17.03.2016. Thereafter,
numbers
technical infirmity in the suit and for seeking specific performance of
the agreement and consequential amendment was accordingly sought
in the plaint for adding ... claim for specific performance of the
contract. On the contrary, indirectly and implicitly, they had asked
for specific performance of the contract itself, as they
that merits of the
amendment prayed for could not be gone into at the stage of considering
the application for amendment and further that merely ... injunction had been permitted to be converted into suit for
specific performance by amendment of plaint although issues had been
framed in the case
Ahmedabad Municipal Corporation vs Jaykumar Babulal Jain on 21 June, 2018
Author: J.B.Pardiwala
